Day 7
November 4, 2011
State calls Rebecca Morgan: St. Charles Human Resources Director since 06/07- benefits relations for all 3 campuses. Knew her resp. For records-benefits package, med, dental, vision, disability, life, dismemberment, retirement, time off.
Lori did have Life insurance- $55K, Retirement 103(d) plan- $98,820.82. Beneficiary designation-primary-Steven Blaylock, secondary- Cindy Wright. Also, Primary-Steven Blaylock, life insurance. 11/14/09-both signed on this date. Ex#98, 99.
Defense-
Signed by Lori Blaylock, no requirement for Steve to sign. She was not required to tell him he’s the beneficiary, unknown. Spouse is beneficiary, unless spouse signs off. No further q’s.
State calls Detective Pat Hartley: Assigned lead detective on this case. 11/2/10-nature, missing persons, changed when briefed on info from investigators, red flags early on- suspicious- initially Def had not called her phone in 5 days & he didn’t report her missing. Prior to arrest, had 2 interviews with many discrepancies. In Def- statements repeatedly contradictory to evidence i.e. Phone records. Placed under arrest 11/10. 11/2 first contacted. 11/9 taken into custody. After arrest-Def’s statements changed. Letter to Jane. 11/12-change in Def’s statements-showed where disposed Lori’s body. Searches began 11/09 based on letter found- suicidal & murdered-(Objection-Defense, sustained).
The letter said where her body could be found. 6 miles past Marion Forks, this began search. Even after Def showed location, searches not successful. 11/12- add’l search (set up) 11/14 Pontoon boat search- started upstream from point. Searched 8 mile stretch, huge trees. Describe how many blockages or piles, multiple. Log jams at every turn, cest pool, debris, trash, garbage, points where stopped and got out- some debris piles as big as courtroom. Searched through debris. Physical evidence ceased, not every item tested because budgetary constraints.
Trailer- want to know who’s blood. Could have fingerprint testing on some things – Although known suspect, would expect their fingerprints on everything. Already knew who did it. Paper docs, red stain on a photograph, tested for blood, print. Not human blood, couldn’t do both tests. Involved 11/2 forward, missing items? Absolutely (objection- overruled)
-having Lori’s body
-access to scene without it being altered
-having her phone
-having shirt Def said was ripped off of him
-body, early on, could’ve helped, with being exposed to nature, would’ve told the story.
-Def on night killed her
Bend PD been monitoring Def’s phone calls. Play audio: portion of phone calls.
Defense: How many hours recorded? About a year worth of conversations. Defense Objects to all recordings unless played in full. State only offering 20 minutes worth. Objection overruled.
05/29/11, 09/15/11-State context
05/29/11- from Def and his Father, Paul. Def talks about Brad (investigator) recounting conversation- what he thinks might happen- Def, “No women on Jury”, “Just want to get out”, “Want to take the car back from Marissa and give it to Marley”, “should be able to cash in”, “I know I’m not going to be scott free”….
09/15/11-Context-Def & his cousin Jane- Talking about Lori’s sister, selling the boat, he was discontent, was getting $ out of an account, wanted Lori’s $ for child support and get license back, “the bitch tried to kill me, that’s how I have to look at it”, Jane agreeing.
Play recording of conversations. Ex#200, 201.
No further questions.
5 minutes
Defense to question Det Pat Hartley, then begin defense on Monday.
On 11/10/10, involved with investigation, kept in contact. On 10th secured home, collected additional items. Execution of search warrant and Defendant himself, went back on 11/10. Someone had broke in to the house. 7:00 pm back from search for Lori, Maniscalco, Kindel, to cease something, door jam was split. Did not investigate break-in. Was curious, unknown if anything has been done. Would have been reported to ? Did not direct anyone to investigate break-in. How many search warrants to obtain evidence? About 5 or 6. Did not fingerprint firearms, or hardware, had a known suspect. Both live there. 12/21-Warrant, for a letter & Note found in jacket pocket. The list was not fingerprinted, or handwriting analyzed and 11/10 log book-‘you have the log book and letter’ on 12/21-crime lab search, after reading letter, did you go back and search piano room? Did not direct anyone to go back and search room C. They did discuss it though. Ex#3 room C, cat feces on carpet (from Maniscalco’s testimony) and under bed, & 2 cats under bed. Sent off to crime lab? If someone defecates on bed, wouldn’t it end up on floor by skirt of bed? Hartley and Maniscalco discussed it, room had been altered from original search, (and from being lived in), in letter.. Didn’t test mattress, look under mattress? No. Didn’t go back and search at all? Blood spots- E, F, G, in front of door C. On 12/21 lab reports- not confirmed Lori’s blood, just human blood. Pat- no blood in room C, so someone could have cleaned up, bed made, nice. House ‘lived in’ No one really knew if it was cat feces. Pat- ‘Well there were cats.’ Some spots were further tested, defense team said they were going to test, no sense to double test. Still in possession- bend pd or Portland crime lab.
Prosecution-
Did you find the letter to be believable? (objection)
Was the letter consistent with Def’s statements on 11/2, 11/3, 11/6, 11/9, 11/12- did he ever state anything occurred other than MB . Slept on couch, truck, had he ever said he slept in room C? No.
-been attacked to point fighting for life? No
-Numerous chances to describe? Yes (all previous dates) absolutely.
1st week, 2 weeks, opposite of honest Def told stories on 10/27 with baseball bat, people getting texts from Lori- not. All people in contact w/Def after 27th. No one mentioned room C, No one relayed he had to fight for his life. When got letter, house had been thoroughly searched for 2 days. Crime lab analyzing add’l samples taken later. Def Atty requested about a year after – 09/28/11. House had previously been released. Def investigated, took samples, not PD- asked to place samples in evidence and sent to crime lab, waited for instruction from Def. House was in different condition than before.
Defense:
A lot better to go 12/21 to collect samples? 11/10 to 12/21 had house changed? May not have changed- Pat- Yes, 10/27 would’ve been same. Knowledge of case changed 12/21, Pat- no
No further questions. Break till 1:30
State calls Pamela Bordner: Bachelors in science, criminal forensics. Lab director for State Police here in Bend. Member of professional organizations. Crime lab directories, ed ethics, group advises White House. Familiar with investigation, at one point Defense wanted fecal matter tested. Mid-late September. Springfield lab- only on- doesn’t confirm, but indicates presumptive test. 2004 brought in, inmates throwing fecal material at corrections officers, fecal material doesn’t provide DNA, not ever heard of fecal tests in murder investigations. Was involved in search. Doesn’t see importance. Does testing determine whether human or animal? No. Doesn’t have DNA generally. Crime lab-presumptive-evidence of blood, meet with DA to determine of DNA test necessary. In this case DNA not done on all the blood. Going to be the same persons blood over and over. Blood in trailer-played role, did not DNA all samples. DNA in trailer belonged to victim. So blood in house same person. Possible to normally find peoples blood. Individual blood drops in house. Take in totality with other evidence. Suspect has admitted killing victim. Fall 2011 Michael Howard went (retired lab director) does independent forensic work. Went into room C, looked for evidence of blood, swabbed multiple stains on carpet & PVC pipe & under piano, all negative. Collected carpet fibers on brown stains. Samples at Springfield lab. Analysis on hold. Didn’t get direction on what to do- Defense needed to know wouldn’t be determined human or animal.
Defense-
On chart, diagram of house & marking of blood etc. found. Hallway, Lori’s blood- blood spatter, also hall and laundry room. Def Ex#109-fecal testing, directions, 1st stage- smell color, sooner to test the better- unknown- need to run test. Can reconstitute- to get smell back. Then microscopic test, body cavity cells may be present. Took samples in 09/11 & forwarded to Springfield, Def requested this examination. Also DA. Did not personally collect samples, did observe samples, had Cindy’s permission. Had a PVC pipe, fibers were cut, who in possession of house (objection-prosecution) Jury Out-
Issue State raised-eventually went to get text- explain reason for delay- Lori Blaylock’s sister was at the house, refused to let take anything out of the house. Prosecution- without court order, they didn’t spent couple hours at house, didn’t find anything, likely to confuse jury, failed to get court order, trying to imply State is responsible for delay.
Overruled. Jury back in-
In September detectives & teams present, Cindy in control of house, not allowing anything to leave house. Fibers were taken, most of stain cut off by cutting the fibers. Not all samples found were sent for further analysis, correct. Investigation needs to have a question to be answered to do testing. Cannot get DNA from body cells.
Prosecution-
Present when Howard took samples in room C- all negative. If blood in fecal material would have tested positive? No DNA. Specialties- casework, bloodstain evidence, firearms trace, biological testing. Forensic value in fecal matter in room C?- no. Howard did examine PVC pipe (Objection, sustained)
Can def request assistance of Crime lab? Yes. Can obtain a court order to allow access to evidence? Yes. Def atty- told to obtain, why waited over a year? No idea. September with Def at house, Howard, Bend PD had no right to possess the house, Cindy in possession. State Ex #202, email 10/07 from her to? (Objection-Defense) Jury Out-
Purpose-Crime lab never got direction or response from Defense so items were not tested. Forwarded to Mr. Spears.
Jury back in-
10/07/11-prepared to do testing (no forensic value)
Defense-
(C) fecal stains-not collected in initial searches. Blood stains- not known how long they’ve been there, does not reveal a person being killed.
Prosecution- Wouldn’t know if human/animal , some items not tested. Lab did test numerous things. Ex#? Photos of blood taken, drops, less than a cm in diameter.
-if a person had been strangled 10/27, there 11/09, wouldn’t expect to find any evidence, unless open wounds.
-death by suffocation, not really any specific evidence expected.
-the body is the most important evidence. No further questions.
-Judicial order filed- Defense never filed court order to cease or test evidence (fecal material)
One matter-State- Jury Out-
Argument- def judgment acquittal likely to go through Monday or Tuesday am with witness.
Jury back In-
STATE RESTS
Back Monday 10:00 am for Defense to begin.
